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Service & License Agreement (the “Agreement”) between the supplier, REAL INFO BOX INC. (which in this Agreement will be referred to as “RIB”. Any reference to RIB also includes RIB’s predecessor company YoungM Media Inc.) & the Subscriber as described in the Subscription form (which in this Agreement will be referred to as the “Subscriber”).
The “Supplier”: REAL INFO BOX INC. also referred to as “RIB”, “We” and “Our”;
The “Subscriber”: The client who purchases and subscribes to any RIB services, also referred to as the “Subscribers”, “You” and “Your”;
The “Report Service”: PDF, PNG and other files types and hard copy containing the real estate market data info-graphics owned by RIB and licensed under this Agreement;
“Concierge Service”: Assisting Subscribers with delivery of the reports and other content to their contact database;
The “Subscribers’ Clients Contact Database”: Contact database including lists of names, email addresses and any additional information and data contained in digital file or hard copy provided by a Subscriber;
The “Report & Concierge Services”: Describes all services in one term offered by RIB
“Subscription Form”: Front page of this document, or the intake form on the Website, where Subscribers’ info and signature is filled in and ordered services are selected;
“Website” or “Websites” refers to any of the websites operated by RIB, that offer services to a Subscriber (as defined above) including but not limited to , , and such other websites that RIB may operate in the future in its sole discretion.
General Terms and Conditions
These are the general terms and conditions approved, and agreed upon, by both the Supplier of the service represented by RIB (whose contact information is as follows):
Address: #312, 919 Centre St NW Calgary Alberta T2E 2P6 Canada,
Phone Number: (403) 909-0582, 778-328-1828
and the Subscriber as described in the order entry form.
By clicking that You “agree” to the terms and conditions contained in this Agreement, and subscribing and ordering products and services from the Supplier, the Subscriber explicitly agrees to these general terms and conditions and to this Agreement (even if the Subscriber is purchasing services on behalf of a company the effect of which the company is bound by the terms contained herein), which could lead to liability on Your part. These terms and conditions are applicable and binding on You regardless of the type of services that You subscribe to. If You do not agree to the terms and conditions contained in this Agreement, DO NOT click that You agree and do not access or otherwise use any of Our services.
Use of Services and Registration Requirement,
You can only subscribe to Our services by using Your real legal name. Also in order to register and use Our services you must be 18 years old or above. You agree that any decision or choice You are making to use any of Our services or information provided is Your sole responsibility and RIB has no liability with respect to this decision. You hereby indemnify and expressly waive the right to any action or claim against RIB its directors, officers, agents, consultants, predecessor companies, successors or assigns with respect to this decision
Product Description and Method of Payment
The Supplier agrees to provide products and services ordered by the Subscriber in the exact quality, the way it is described at and agreed on the Subscription form, which is an essential part of this Agreement. The Supplier only provides services specifically ordered by the Subscriber. Each product and service must be specifically tagged and selected at the Subscription form. All prices are tax excluded and all applicable taxes will be charged in addition to the product prices. The Supplier agrees to provide all products and services regularly on a monthly basis no later than the fifteenth day of every month, unless otherwise specified by the Subscriber. RIB reserves the right to adjust fees for the services that it provides to Subscribers in the future at its sole discretion
The Subscriber agrees and guarantees to pay regularly and in the full amount as specified on the Subscription form prior to every new month or provide the Supplier with the credit card details to be charged on a monthly basis. The Subscriber agrees additional payment can be applied for additional services such as customization or branding. The subscriber will be notified by email regarding the charges prior to the work commencing.
Late and Non-Payments
Late payments, declined credit card payment will result in a $10 administration fee being charged. If no payment is obtained within a billing month the next month subscription will be suspended until payment is received and account is brought up to date.
Grant of License
License Grant. All intellectual property relating to any service provided on a Website is exclusively owned, without exception by RIB. Pursuant to, and in accordance with your subscription, RIB hereby grants You a single non-exclusive license with respect to the Report Service subject to the terms and conditions of this Agreement. The purpose of Your license is to use the Report Service to promote Your own business. However, as a Subscriber you have NO RIGHT to sub-license, or distribute in any way, without Our express written permission, any service that we provide including The Report Service. The Report Service and all its parts such as but not limited to images, design, and layout is the sole and exclusive property of RIB and its suppliers. RIB retains all rights with respect to the Report Service, and any associated intellectual property, and all of its parts including but not limited to the graphic design, computer coding, marketing materials, and all technical processes. The Report Service is being provided on a licensing only basis and is not being sold to You. You acknowledge RIB’s ownership and rights and will not take any action to jeopardize, limit or interfere in any manner with RIB’s or its suppliers’ ownership of, or rights with respect to the Report Service. Further, You are not authorized, and Your license does not extend, to share the Report Service with other real estate agents, brokers, advisors or other industry participants, in any form, so that they may avoid obtaining a license on their own accord. Your license is solely restricted to Your business. Any unauthorized sharing or distribution in contravention of this provision will result in a termination of Your account and RIB reserves all legal remedies against You, including a claim for damages for breach of contract.
License Restrictions. Subject to any sections herein that provide otherwise, the license granted does not permit you to, sell, sub-license, transfer, market, distribute, or otherwise exploit the Report Service in any way (whether with commercial intent or otherwise) without the prior written consent of RIB. which may be arbitrarily withheld and you further agree not to alter, modify, decompile, disassemble or attempt to reconstruct, any part of the Report Service, the underlying ideas or techniques by any means whatever. Any attempt to do so will result in a violation of the rights of RIB. If you breach these restrictions or allow a third party to breach these restrictions, you may be subject to prosecution and damages. Further, your rights to any service provided by RIB will be immediately terminated. The terms of this Agreement shall govern any upgrades or updates provided by RIB.
Modifications or Upgrades
RIB and its affiliates reserves the right to modify, update, supplement, limit, discontinue, remove or disable access to, the Report Service and all products parts thereof without notice to You and neither RIB nor its affiliates shall be liable to You or any third party. RIB may make available updates or upgrades to the Report Service, current technology and support capabilities in efforts to maintain or improve existing service.
Availability of Our Services,
RIB may change, suspend or end any of it services, or change and modify prices prospectively in its sole discretion. To the extent allowed under law, these changes may be effective upon notice provided to you. You agree that RIB has no obligation to store, maintain or provide You with a copy of any content or information that You or others provide, except to the extent required by applicable law. You hereby release RIB, its officers, directors, employees, successors, affiliates and assigned for any loss or damage that results out of a delay in Your receiving any services. RIB also reserves the right, at any time without notice or limitation to change the domain name of any Website that offers services of any kind to a Subscriber.
All images, copy and layouts contained in the RIB products are copyrighted by RIB, and may not be reproduced, edited or altered in any form. Also, you DO NOT have permission to re-design, or use part of any of Our design to make another design (such as, but not inclusive of, a sign or logo).
Liability / Disclaimer
RIB warrants only that the work will conform to the description contained in the subscription form. In no event whatsoever will RIB be liable for any special, punitive, indirect, incidental or consequential damages arising out of any of its services. RIB tries to ensure that all information provided as part of the Report & Concierge Services is correct but does not guarantee the accuracy or completeness of such information. Information in all the Report & Concierge Services are deemed reliable but not guaranteed. You assume the entire risk as the quality and performance of the email concierge service. In any event, the total liability of RIB for all damages whatsoever shall not exceed the sum of one ($1) dollar. You agree that these limitations are reasonable in scope and reasonably necessary in order for RIB to protect its considerable investment in the Concierge and Report Service. In no event shall RIB be liable under any circumstances regardless of the type or cause of action for any lost profits, lost revenue, lost business, or any other lost opportunities.
RIB reserves the right to use their sole discretion in refusing to publish any personalized content they deem illegal, libelous, scandalous, improper or infringing upon copyright law. The Subscriber agrees to indemnify, defend and hold RIB, its officers, directors, employees, agents and third parties harmless for any losses, costs, liability, damages, expenses and legal fees that may be incurred in any legal action regarding, the product, service or any interaction including the personalized copy, whether supplied by the consumer, written or designed by RIB. RIB reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with RIB in asserting any available defenses. RIB further reserves the right to modify RIB general terms and conditions at any time. Any such modification will be effective immediately upon posting to the RIB Website
Use of Third Party Applications
The Subscribers’ Clients Contact Database
The Subscribers’ Clients Contact Database is a list of names, email addresses and any additional data contained in digital file or hard copy. RIB offers advice and remote support with loading of such Database / Contacts into the Subscriber’s personal email marketing accounts in application such as Mailchimp, Outlook, Google and others. RIB does not store, load, copy or alter the data in any way. If the Subscriber chooses to send or email us their Database / Contacts, we do not guarantee the security of the data transferred via email or by any other form. Clients who select to share or request assistance that involves RIB receiving the Database / Contacts file, he or she assumes full responsibility if the file gets corrupted, copied or is obtain by unauthorized third party, and agrees not to take any action against RIB for losses that may occur as a result of such process. RIB does not take responsibility for accuracy of the list. We do not take responsibility if the permissions of each individual on the list to receive email communication were obtained under local, federal and international, privacy and anti-spam laws. It is the sole, 100% responsibility of the Subscriber to obtain appropriate permission under the subscribers anti-spam and other privacy legislature that applies in the subscriber jurisdiction and jurisdiction they do their business. By using any of Our services You are representing and agreeing that You have received the express consent to contact the individuals within the Contact database, as required under Canadian anti-spam legislation. A misrepresentation under this provision can lead to civil liability to You and a suspension of Your account. You hereby agree, and provide our authorization to review the Contact database to ensure that all express consents have been properly and lawfully obtained. Further, You agree to indemnify and hold harmless RIB, its affiliates, successors, officers, directors, employees, and assigns for any and all actions or causes of action, including costs, which may arise of any nature whatsoever, including administrative actions by a governmental body, by virtue of Your breaching any statute or law including applicable anti-spam legislation in the jurisdiction of residence of the Subscriber.
Email Newsletter Concierge Service
The Subscriber will maintain an independent email marketing account. RIB does not provide the email marketing software, technical support or is in anyway responsible for the functionality or operation of email marketing account. RIB will advise the Subscriber on how to load their clients contact database to the email marketing account. Once a month will RIB will load current report product and send it as email to all emails/Contact Database loaded in the subscriber email marketing account. RIB is not responsible, for accuracy of the list. We do not take responsibility if the permissions of each individual on the list to receive email communication was obtained under local, federal and international, privacy and anti-spam laws. It is the sole, 100% responsibility of the Subscriber to obtain appropriate permission under applicable anti-spam and other privacy legislature that applies in the jurisdiction the Subscriber does their business. In no event whatsoever will RIB be liable for any special, punitive, indirect, incidental or consequential damages, or administrative fines and penalties, arising out of this of offering email concierge service. You assume the entire risk as the quality and performance of the email concierge service. In any event, the total liability of RIB for all damages whatsoever shall not exceed the sum of one ($1) dollar. You agree that these limitations are reasonable in scope and reasonably necessary in order for RIB to protect its considerable investment in The Report & Concierge Services. In no event shall RIB be liable under any circumstances regardless of the type or cause of action for any lost profits, lost revenue, lost business, or any other lost opportunities. Further, You agree to indemnify and hold harmless RIB, its affiliates, successors, officers, directors, employees, and assigns for any and all actions or causes of action, including costs, which may arise of any nature whatsoever, including administrative actions by a governmental body, by virtue of a Subscriber breaching any statute or law including applicable anti-spam legislation in the jurisdiction of residence of the Subscriber.
Social Media & Blog Posting Concierge Service
RIB will use third party software application to regularly post the content specified in service offering and on and on this Subscription form. The Subscriber may have to provide log in information for their social media accounts and for the website / blog. RIB will use this this information only to perform the agreed service. RIB is not responsible if the Subscriber chooses to send or email us their log information such as user name and password we do not guarantee the security of the data transferred via email or by any other form. Clients who select to share or request assistance in posting content to the social media, website or blog, he or she assumes full responsibility for any damage that can be caused by third party obtaining the log in information. RIB does not provide the social media, website or blog software, technical support or is in anyway responsible for the functionality or operation of any social media account, website or blog. RIB tries to ensure that all information provided as part of the Social Media & Blog Postings Concierge Service are correct but does not guarantee the accuracy or completeness of such information. Information is deemed reliable but not guaranteed. Maximum effort is given to ensure correctness of the data and information in all The Report & Concierge Services are deemed reliable but not guaranteed. You assume the entire risk as the quality and performance of the social media & blog posting concierge service. In any event, the total liability of RIB for all damages whatsoever shall not exceed the sum of one ($1) dollar. You agree that these limitations are reasonable in scope and reasonably necessary in order for RIB to protect its considerable investment in The Report & Concierge Services. In no event shall RIB be liable under any circumstances regardless of the type or cause of action for any lost profits, lost revenue, lost business, or any other lost opportunities.
Third Party Log-In.
Warranty and Disclaimer
The Report & Concierge Services, and any other services that RIB may currently provide or provide in the future, are provided “as is” and “as available” without any warranty of any kind. RIB does not warrant that any of its services, including The Report & Concierge Services will meet your requirements or that it will function uninterrupted, error free or that defects will be corrected. You assume the entire risk as to the results and performance of The Report & Concierge Services. RIB shall have no obligation to remedy any non-conformance or defect in The Report & Concierge Services.
YOU AGREE THAT YOUR USE OF ANY SERVICES FROM RIB SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RIB AND THOSE WHOM RIB WORKS WITH TO PROVIDE THE SERVICES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SUBSCRIPTION AND YOUR USE THEREOF. RIB AND THOSE WHOM RIB WORKS WITH TO PROVIDE THE SERVICES (INCLUDING BOTH THE REPORT AND THE CONCIERGE SERVICES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO ANY SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT), (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY , SOCIAL MEDIA OR OTHER SITE, OR USER. IN ALL CASES, LIABILITY OF RIB WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree that RIB is not responsible for content or information or for any damages as result of Your use of or reliance on such content and information, and you agree to indemnify and hold harmless RIB its directors, officers, employees, agents, consultants, successors and assigns for damages that result to your pursuant to this provision.
Both parties may cancel the contract by notifying the other party in writing by mail or email at least 15 days prior to the new billing date.
Password and Account Security
You acknowledge and agree that You are responsible for maintaining the confidentiality of any passwords associated with Your account you use to access the Reports and that You will be solely responsible to RIB for all activities that occur under your account. In the event you become aware of any unauthorized use of Your password or Your account, You shall notify RIB. immediately.
Dispute & Jurisdiction
These terms and conditions are governed by and are to be interpreted in accordance with the laws of the Province of Alberta, and the federal laws of Canada applicable therein, and in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise the Alberta courts will have exclusive jurisdiction over such dispute, unless mandatory applicable law requires otherwise, and You agree to submit to this jurisdiction. If anyone, including any governmental entity, brings a claim against RIB related to your actions, You will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
Any provision of these terms that are prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of the prohibition or unenforceability and shall be severed from the balance of these terms, all without affecting the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction
No Unlawful Use
As a condition of Your use of any of Our services, You warrant to Us that You will not use any of our services for any purpose that is unlawful, or is prohibited by this Agreement. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Our website.
No Joint Venture
Unless otherwise agreed in a separate writing, you agree that no joint venture, partnership, employment, or agency relationship exists between you and RIB as a result of the use of any of RIB’s available services. RIB’s performance is subject to existing laws and legal process, and nothing contained herein is in derogation of RIB’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Our services or information provided to or gathered by RIB with respect to such use.
Unless otherwise specified herein, these terms constitute the entire agreement between the Subscriber and RIB with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and RIB with respect to the Website. The terms and conditions contained in this Agreement will apply to you regardless of the jurisdiction of your residence or where you are accessing the Websites or any of RIB’s services from.
Links To Third Party Sites/Third Party Services
The Website may contain links to other websites (“Linked Sites“). The Linked Sites are not under Our control. We are not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Website or any association with its operators.
As a condition of Your use of the Websites, you represent and warrant that: (i) You are of sufficient legal age and possess the legal authority to create a binding legal obligation; (ii) You will only use the Website or any of the services offered by RIB in accordance with this Agreement; (iii) all information supplied by You on this website is true, accurate, complete and current, (iv) no joint venture, partnership, or employment relationship exists between You and RIB as a result of this Agreement or use of the Website, and (v) if You have an account with the Website, you will safeguard Your account information, supervise, and be completely responsible for any use of Your account.
You will not transfer any of your rights or obligations under this Agreement to anyone else without our express written consent.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements, and will indemnify RIB for any breach of this provision.
You will provide accurate information to Us and keep it updated.
You will act honestly and professionally.
You won’t copy, distribute or use the information, content or data provided by RIB in connection with a competitive service.
You won’t reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code from our Websites or any content owned by RIB or any related technology, or any part thereof.
Failure to adhere or comply with any of the above terms may result in the unilateral termination of Your right to use Our Services, at Our sole discretion, and of Your account, and we further reserve all available legal remedies against You to pursue a damage claim, or any other legal remedy that is available in law, should one arise by virtue of Your breach of this provision or any other provision contained in these terms.
Disclaimer used at the bottom of the product: